Assets of Community Value
Safeguarding your property interests
What is involved?
The Localism Act 2011 introduced the opportunity for communities to nominate local land and property for listing as ACVs by their local authority. ACVs are subject to strict restrictions on disposal and often a statutory moratorium must be observed before a sale is allowed, giving local community groups time to put in a bid for the property.
ACV listing can make it more difficult to obtain planning permission for change of use or redevelopment of the listed asset, which can be immensely frustrating for property owners intending to realise a planning gain from their investment.
We advise clients on all things ACV-related. Whether you need advice on resisting an ACV nomination, reviewing a decision to list an asset, pursuing a compensation claim or input on how to achieve your planning goals despite an ACV listing, we can help.
Why choose Freeths?
- We are experts – pubs and bars are by far the most common targets of ACV nominations and our years of experience in the drinks, hospitality and leisure sector have allowed us to develop a market-leading specialism in this niche area of law
- We achieve results – our success rate speaks for itself; we have successfully resisted over 60% of the ACV nominations and reviews we have been instructed on
- We think differently – where a property is already ACV listed we use our expertise in ACV, commercial property and planning law to mitigate the negative effects of listing and help you achieve your goals
- We speak your language – our industry knowledge means that we understand the wider issues around ACV listing and your concerns as a property owner.
How we can help
- Advice and support in relation to the ACV regime, Community Right to Bid, the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012
- Resisting ACV nominations
- Conducting ACV listing reviews
- Appealing ACV listing to the First Tier Tribunal and above
- Obtaining compensation for ACV listing
- Advancing planning aspirations.
"We needed a professional approach from an experienced practice to defend us against an application to make our pub into an Asset of Community Value. We spoke to several friends in the same line of business and they recommended Freeths. Their approach was very efficient, taking into account all of our points as well as adding several of their own that we would not have thought of. We won our case. I would not hesitate to recommend them to anyone requiring help in this area."
(David Brown - The Anglers Retreat)
"Freeths’ work advising on and responding to ACV nominations has been excellent. They have achieved some great results for us and I would certainly recommend their services to any property or pub owners who have received an ACV nomination or had a property ACV listed."
(David Nathan, Director - WH Brakspear & Sons Ltd)
- Rescuing a sale – Instructed by a pubco client to resist an ACV nomination of an asset due to be sold. Freeths contacted the local authority to obtain the nomination documents and supporting evidence, drafted and submitted representations resisting the nomination on the owner’s behalf and prevented the property from being ACV listed. The sale was able to proceed without delay.
- Protecting value – Instructed by a private client to conduct a review the ACV-listing of his property, in order to protect its value. Freeths contacted the local authority to instigate the review process and to obtain the nomination documents, supporting evidence and decision notice. The decision notice revealed errors of fact and of law that underpinned the local authority’s decision to list at first instance, which Freeths highlighted in review representations submitted on behalf of the owner. The review was successful and the property was removed from the local authority’s list of ACVs.
- Advising on relevant disposals – Instructed by a Pub Co client to advise on the implications of ACV listing, the statutory moratorium and the process of selling ACV-listed properties. Freeths advised to ensure that sales were effective and none fell foul of the statutory restrictions on disposition.
- Unlocking development value – Instructed by an investor client to unlock the development value of an (already) ACV-listed former public house that had ceased trading roughly a year before our involvement. A planning application for change of use of the 1st, 2nd and part of the ground floor of the property was submitted. The ACV listing and a perceived loss of quality/quantity of community space were material to the decision to refuse planning permission.
- Freeths submitted an ACV compensation claim to protect the client’s position in respect of the lost development value of the property and worked with planning advisors to mitigate the perceived loss of community space through a revised planning application. The compensation claim was pursued to the First Tier Tribunal. Final determination was delayed to account for the determination of the revised planning application, which was ultimately successful, unlocking the development value of the property despite ACV listing.
‘Doing the right thing’ is at the heart of Freeths. Find out more about our excellent client service and the strong set of values that guide the way we work.
Talk to us
Freeths are a leading national law firm with 12 offices across the UK. If you have a query about our services or just want to find out more, why not give us a call?
Contact: 03301 001 014